A. Personal Appearance. A juvenile accused of committing a delinquent or incorrigible act shall appear before the court for all proceedings as directed by the court. The juvenile shall personally appear before the court for the following:

1. Any adjudication hearing;

2. Any disposition hearing;

3. Any transfer hearing; and

4. Any change of plea.

B. Telephonic or Video Appearance. For purposes of these rules, the appearance by telephone or video conferencing of the juvenile shall be considered a personal appearance. The juvenile may appear telephonically or by video conferencing only as stipulated to by the parties and authorized by the court.

C. Voluntary Absence. The court may infer that the juvenile's absence is voluntary if the juvenile had notice of the date, time and place of hearing, the right to be present at the hearing and had received a warning that the hearing would go forward in the juvenile's absence if the juvenile failed to appear.

D. Failure to Appear. The failure of the juvenile to appear at the adjudication or any other hearing, except the disposition hearing, shall not prevent the court from proceeding in the juvenile's absence and/or issuing a warrant to secure the juvenile's attendance.

E. Mechanical Restraints.

1. When a juvenile appears before a judicial officer at a hearing in the juvenile's delinquency case, the juvenile shall be free of mechanical restraints unless there are no less restrictive alternatives that will prevent flight or physical harm to the juvenile or another person. Relevant factors in determining whether the use of mechanical restraints is warranted include:

b. The juvenile is likely to flee, has expressed an intention to flee, or has previously attempted to flee secure care;

c. A probation officer, detention administrator or designee, or juvenile detention officer has recommended the use of mechanical restraints; and

d. A present security situation in the courtroom or courthouse, including a risk of gang violence or gang-related conduct or a specific concern due to a witness presence, warrants the use of mechanical restraints.

2. A prior determination by a court that the juvenile should appear in mechanical restraints remains in effect until further order of the court.

3. If a juvenile is brought before the judicial officer in mechanical restraints, the juvenile may object through counsel. After the judicial officer has heard from the juvenile, the state, and any detention personnel, and considered the factors listed in subparagraphs (1)(a)-(d) above, the judicial officer shall approve or disapprove the use of restraints.

4. Except when a juvenile appears before a judicial officer at a hearing in the juvenile's delinquency case, the use of mechanical restraints shall be governed by the Policies and Procedures in effect for the courts in the specific county as required by the Arizona Juvenile Detention Standards.

5. Any restraints shall allow the juvenile limited movement of the hands to read, handle documents, and write.

6. Mechanical restraints include handcuffs, leg irons, belly chains, zip ties, spit hoods and masks, and any other device used to restrain movement of the arms, legs or torso.

Credits

Editors' Notes

APPLICATION

<Rules 9 through 35 shall apply to cases in which the offense occurred on or after January 1, 2001; Rules 36 through 66 shall apply to cases filed on or after January 1, 2001; and, Rules 67 through 87 shall apply to actions commenced on or after January 1, 2001.>